Search Legislation

The Family Law (Northern Ireland) Order 1993

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Family Law (Northern Ireland) Order 1993. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Article 12:

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Family proceedings rulesN.I.

12.—(1) There shall be a committee known as the Northern Ireland Family Proceedings Rules Committee ( “the Committee”)[F1 which may make rules of court in accordance with Article 12A] for the purposes of family proceedings.

(2) Schedule 2 shall have effect with respect to the Committee.

(3) Without prejudice to the generality of paragraph (1),[F2 family proceedings rules]

(a)may, for the purposes mentioned in paragraph (1), make, in relation to both the High Court and county courts, any provision of a kind which could be made by rules of court as defined by section 21(4) of the Interpretation Act (Northern Ireland) 1954F3 and, in relation to county courts, any provision of a kind which could be made by county court rules (and accordingly in any statutory provision empowering the making of rules of court as so defined, any reference to the [F4Court of Judicature] or the High Court shall, for the purposes of this Article, include a reference to a county court);

(b)without prejudice to sub-paragraph (a), may provide that a decree pronounced by an officer of a class designated by the rules shall have the same effect as a decree pronounced by a county court judge;

(c)may apply, with or without modifications, any rules of court (as so defined) and any county court rules;

(d)may modify or exclude the application of any such rules or of any provision of the County Courts (Northern Ireland) Order 1980F5;

(e)without prejudice to sub-paragraph (a), may make with respect to proceedings in a county court any provision regarding the Official Solicitor or any solicitor of the [F6Court of Judicature] which could be made by rules of court with respect to proceedings in the High Court;

(f)may provide for the enforcement of orders made in a county court as if they were orders of the High Court, and for that purpose apply any statutory provision, with or without modification;

F7(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)which relate to the costs of proceedings, may—

(i)amend or repeal any statutory provision relating to the practice and procedure of the [F8Court of Judicature] or county courts so far as may be necessary in consequence of provision made by the rules; and

(ii)notwithstanding anything in the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981F9, make different provision according to whether each or any of the parties is entitled to legal aid under Part II of that Order in connection with the proceedings.

[F10(4) Family proceedings rules shall be subject to negative resolution.]

(5) In this Article[F11 and Article 12A]

  • “family business” means business of any description in the High Court assigned to the Family Division and to no other Division by rules of court except business—

    (a)

    in connection with the grant and revocation of probate and letters of administration of estates of deceased persons;

    (b)

    under Part VIII of the Mental Health (Northern Ireland) Order 1986F12 and the Enduring Powers of Attorney (Northern Ireland) Order 1987F13;

  • “family proceedings” means proceedings which are family business and any corresponding proceedings in a county court.

  • [F14family proceedings rules” means rules of court made under this Article.]

F8Words in art. 12(3)(h)(i) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

F14Art. 12(5): definition of "family proceedings rules" inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 90(5)(b); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 12(b)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.